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§ 90.38  ABANDONMENT, NEGLECT AND CRUELTY.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABANDON. To leave an dog for any length of time without making effective provisions for its food, water or other care as is reasonably necessary for the dog’s health.
      CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise set upon any dog.
      CRUELLY NEGLECT. To fail to provide any dog in one’s care, whether as owner or custodian, with food, water or other care as is reasonably necessary for the dog’s health.
      HUMANE KILLING. The destruction of an dog by a method which causes the dog a minimum of pain and suffering.
      LAW ENFORCEMENT OFFICER. Any member of the State Patrol, any county or deputy sheriff, any member of the police force of any municipality, or any other public official authorized by a municipality to enforce state or local dog control laws, rules, regulations or ordinances.
(Prior Code, § 6-123)
   (B)   Law enforcement officers; powers; immunity.
      (1)   Any law enforcement officer who has reason to believe that an dog has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for or impound the dog.
      (2)   Any law enforcement officer who has reason to believe that an dog has been abandoned or is being cruelly neglected or mistreated may issue a citation to the owner as prescribed by law.
      (3)   Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer’s negligence.
(Prior Code, § 6-124)
   (C)   Penalty. A person commits cruelty to dogs if he or she abandons, cruelly mistreats or cruelly neglects an dog.
(Prior Code, § 6-125)
Penalty, see § 90.99
Statutory reference:
   Related provisions, see Neb. RS 28-1008, 28-1009, 28-1012
§ 90.39  IMPOUNDMENT; EUTHANIZING.
   It shall be the duty of the municipal law enforcement or other appointed animal control officer to capture, secure and remove in a humane manner to the designated animal shelter, any animal violating any provisions of this chapter. The animals so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded animal shall be kept and maintained at the designated animal shelter for a period of not less than three days, unless reclaimed earlier by the owner. Notice of impoundment of animals are known, shall be posted at the animal shelter, as public notification of such impoundment and shall be given to the owner. Any animal may be reclaimed by its owner during the period of impoundment by payment of the impoundment fee as set by resolution by the Board of Trustees and maintained on file in the office of the Municipal Clerk. The initial fee is $25. The owner shall then be required to comply with the licensing and rabies vaccination requirements within 72 hours after release. If the animal is not claimed within at the end of the time specified herein, the municipal law enforcement, or other appointed animal control officer, may dispose of the animal in accordance with the applicable rules and regulations pertaining to the same; provided that, if, in the judgment of the municipal law enforcement, or other appointed animal control officer, a suitable home can be found for any such animal within the municipality, said animal shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements. The municipality shall acquire legal title to any unlicensed animal impounded in the animal shelter after three days. All animals shall be disposed of or destroyed in a summary and humane manner. The owner of any animal shall be responsible for all costs and expenses and the municipality shall have the right to collect any unpaid fees in any manner provided by law.
(Prior Code, § 6-126)
Statutory reference:
   Related provisions, see Neb. RS 17-526
§ 90.40  GUIDE DOGS AND SERVICE DOGS.
   Every dog guide for a blind or visually impaired person, hearing aid dog for a deaf or hearing- impaired person, and service dog for a physically limited person shall be licensed as required by the municipal code, but no license tax shall be charged upon a showing by the owner that the dog is a graduate of a recognized training school for dog guides, hearing aid dogs or service dogs. Upon the retirement or discontinuance of the dog as a dog guide, hearing aid dog or service dog, the owner of the dog shall be liable for the payment of the required license tax.
(Prior Code, § 6-127)
Statutory reference:
   Related provisions, see Neb. RS 54-603
§ 90.99  PENALTY.
   (A)   (1)   Any person or owner, as defined herein, who shall violate any provision of this chapter for which specific penalty is not provided shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall pay a fine of $15 for the first such offense and, if again convicted of a second offense within any 12-month period, measured from the date of offense of the first conviction, shall be deemed guilty of a misdemeanor and shall pay a fine of $25.
(Prior Code, § 6-128)  (Updated)
      (2)   Any owner who shall violate the provisions of this chapter more than twice in any 12-month period, measured from the date of the first violation shall, upon conviction, be deemed guilty of a misdemeanor and shall pay a fine of $50, if the offenses are in regard to the same animal, such person shall, in addition, be deemed to be maintaining a nuisance and the court may enter such orders, as in the discretion of the court, are appropriate to abatement of such nuisance, and if the court finds that the nature of the offense and the disposition of the animal so require, may order the destruction of the animal at the owner’s expense by any humane means.
(Prior Code, § 6-129)  (Updated)
   (B)   Any person who shall violate or refuse to comply with the enforcement of the provisions of § 90.28 of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(Prior Code, § 6-111)  (Ord. 2020-01, passed 5-13-2020)